Category Archives: Family
Defendant Contends That Divorce Parties Never Had an Actual Marriage
In the case of Joseph v. Singh, the defendant contended that the Supreme Court had no authority to enter a judgment of divorce and should have dismissed the complaint because the parties never entered into a valid marriage with one another. The trial court rejected this argument, and entered a judgment of divorce. The… Read More »
Appeals Court Vacates Custody Judgment After Attorney Withdraws from the Case
In the case of Brandel v. Brandel, the parties were married in 2008 and had one child together who was born in 2012. The plaintiff initiated a divorce in April 2015, seeking sole custody of the couple’s child. During a family court proceeding in May 2015, the parties agreed to a resolution in court…. Read More »
Appeals Court Considers Equitable Distribution of Marital Lumber Sale
New York is an equitable distribution state. That means that assets are not necessarily divided equally, but rather, according to what is equitable to both parties. In determining what is equitable, the court will consider a number of matters including the relative earning power of both parties pursuant to a divorce. If one party… Read More »
Did the Trial Court Err When Failing to Grant Wife “Cruel and Inhuman Treatment”?
In one case emerging from the Second Court of Appeals, Szablyar v. Zuralau, the parties were married in January 2009. In the original complaint, the plaintiff stated grounds for divorce as cruel and inhuman treatment pursuant to Domestic Violence Relations Law § 170(1). Later, however, both parties stipulated that the grounds for this particular… Read More »
“Bifurcated” Divorce Highlights Issues Related to Equitable Distribution
In a divorce case surfacing from the Second District Court of Appeals, New York, the parties were married in Queens County in 1982 shortly after purchasing real property in Rego Park. The plaintiff commenced an action for divorce in 2007, but her action was dismissed for failure to comply with specific deadlines. The plaintiff… Read More »
Equitable Distribution of Rental Properties Creates Confusion in New York Divorce
In the case of Raposo v. Raposa, the trial court managed the equitable distribution of certain rental properties that were part of the marital estate. Indeed, the marital estate had accrued considerable value during the 31-year marriage. During the trial, the principal issue that the court was left to consider was the distribution of… Read More »
Foreign Prenuptial Agreement Vacated by New York Courts in Divorce Action
Broadly speaking, prenuptial agreements are enforceable under the law. The law doesn’t care whether or not the agreement disadvantages one party or not. If you signed the prenup, then chances are good that it’s enforceable. However, complexities arise when the New York courts are asked to uphold an agreement that was entered into under… Read More »
What is a Sunset Clause in a Prenuptial Agreement?
A lot has been written about prenuptial agreements and how they’re gaining popularity across the United States. Today, more Americans are signing prenuptial agreements before they get married. There are numerous good reasons for this. If you want to keep certain properties separate from the marital estate, a prenuptial agreement is a great way… Read More »
What is Mandatory Presumptive Mediation in New York State?
In 2019, New York State passed a rule requiring the majority of couples to mediate their divorces prior to litigating them in court. Mediation is a negotiation process that is handled by a neutral third party who helps the couple draft a divorce decree that addresses all major issues related to their divorce. Litigation,… Read More »
Is No-Fault Divorce Under Attack in the United States?
For much of American history, getting a divorce was difficult. Some states outright banned the practice entirely. Others required a spouse to prove to the court that their spouse had done something wrong to cause the breakdown of the marriage. It wasn’t until 1969 that California became the first state to permit “no-fault” divorces…. Read More »